Legal Question in Family Law in Texas

How To make father take DNA ;is unwilling?

I am going through a divorce w/ my husband we have been split up for over a year . We got married when I was 6 months pregnant and when i had my son he signed the birth certificate when i was sleeping on medication.But my boyfriend before that i was with for 4 yrs. and he got me pregnant 2 times before Then I had my son.my husband knew he was probably not the father because we had only been seeing eachother for about a month and I was still having contact with the ex. When my son was about 1 1/2 yrs. old my ex boyfriend got a dna test mailed to him and my son and i swabed our mouths and he used an excuse why he could not swab his right then in front of me so he would do it when he got home then 2 weeks later the lab called and said his dna did not match my sons but he admitted to me later that he got someone else to swab their mouth instead of him, because if he has a baby out of wedlock he loses his inhertinece which is a lot of money. i need to see how i can go about getting him suponea to go take a dna in a lab in houston where he can not fake it, so i can get chlid support. what can I do?


Asked on 2/18/03, 7:43 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: How To make father take DNA ;is unwilling?

You need to file for divorce, state that the child is by another man and ask the court to order that paterntiy testing be done.

Paternity testing is under $1,000 when used for court purposes. (It's the same test as the home dna swab test but they charge a lot more if it will be used in a lawsuit).

My office charges $900 for a deposit to start a divorce with temporary orders. After the initial depsoit,then make weekly payments to my office. I don't flat-rate cases. If I don't use all your money, I refund it at the end of the legal proceeding.

Give me a call if you are interested.

Fran Brochstein

713-847-6000

www.FamilyLaw4U.com

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Answered on 2/19/03, 9:24 pm


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